There is a two-year statute of limitations applicable to the prosecution of a defendant on charges of driving under the influence. The time begins to run on the date the offenses were committed. O.C.G.A.§ 17–3–1(d), 40–6–391(a)(1), (5).

I will need more information, however, for the purposes of a plea, if you plea to a DUI you are required to take classes as a condition of your DUI probation. Now, if you want to fight the case then that requirement will not be necessary.

Violations of Georgia Controlled Substances Act and Drug Offenses for Certain Drugs of Abuse O.C.G.A. §§ 16-13-20 through 30

Possession of less than one ounce of marijuana is a misdemeanor under O.C.G.A. § 16-13-2(b), punishable by a term of incarceration of not more than 12 months or a... View More

I would need a little more information to answer this question fully. However, I can tell you that a motion to withdraw a guilty plea must be filed in the same term of court in which sentence was entered pursuant to the plea.

I understand your frustration however, marijuana is not legal in the state of georgia. Georgia’s medical marijuana law allows certain qualified persons to legally possess up to 20 fluid ounces of “low THC oil,” which is derived from the marijuana plant. It authorizes the Georgia Department of... View More

That is all based on the sentenced that was issued. Please review your probation paperwork and they will list all the regulations with regards to reporting. However, non-reporting does not stop the other requirements for probation it just means you may not have to report in person. Please check the... View More

This particular case seems very detailed. I feel the defendant needs to have a real conversation with her attorney and see all their options. What your niece and the attorney discuss is privileged and you may not have access to all the discovery (evidence). Thus, certain things happening or not... View More

You will need to talk to an attorney. They will be able to explain everything in your case. An attorney can tell you what exactly you are being charged with, what the max sentence is on the charge, when the next court date is, based on the facts, the judge and the prosecutor what kind of... View More

Minor “factual mistakes which are not really relevant to the showing of whether there is probable cause will not void the warrant where the mistakes present in the affidavit doesn't affect the credibility of the person swearing to the warrant. Summerville v. State, 226 Ga. 854(1), 178 S.E.2d... View More

If it was truly a gift and you have evidence of that then you should be good. Just know she can proceed in filing actions against you, however that does not mean she will be successful. Just because you have proof doesn't protect you from having to deal with it though. Now if she keeps... View More

Trial court has no discretion to alter or to allow parole board to alter mandatory minimum sentence of ten years for any serious violent felony, including armed robbery.  

Taylor v. State, 1999, 241 Ga.App. 439, 526 S.E.2d 910.

Statute prohibiting trial court from giving first... View More

Hello, I am going to need a little more information. We will need the first 2 numbers of the citation to help you. These numbers are the title or chapter number of the code. It will help an attorney better understand what you need. I hope this helps.

Circumstantial evidence may be sufficient to meet the burden of proving impaired driving ability in a DUI case. circumstantial evidence is evidence that indirectly proves a fact or supports a theory. Indirect or circumstantial evidence implies that the defendant was involved in the crime, and is... View More

In Billings v. State the court pointed out that “[i]t would clearly be improper for an attorney to change roles from the prosecution to the defense (and vice versa) in the same case.” However, the court held that it was not error for the trial judge to deny the defendant's motion to... View More

Nope especially if they are in the same transaction and occurrence.

Yes you do. some mistakes can be considered harmless error. Get an attorney now.

a person convicted of a violation of Code Sections 16-8-2 through 16-8-9 shall be punished as for a misdemeanor except:

(1)(A) If the property which was the subject of the theft exceeded $24,999.99 in... View More

“OCGA § 5–6–41 addresses the requirements for the reporting and preparation of transcripts of evidence in trial proceedings. OCGA § 5–6–41(b) provides that ‘(i)n misdemeanor cases, the trial judge may, in his discretion, require the reporting and transcribing of the evidence and... View More

O.C.G.A. § 24-8-804(b)(1) provides that testimony from another hearing, proceeding, or deposition can be admitted if the party against whom the prior testimony is being offered had an opportunity to develop the testimony by direct, cross-, or redirect examination.

In the case of a... View More

A defendant's constitutional right to speedy trial can be determined only on an ad hoc basis in which the conduct of the prosecution and the defendant are weighed and balanced; among factors which courts should assess in determining whether a particular defendant has been deprived of his... View More

In Billings v. State the court pointed out that “[i]t would clearly be improper for an attorney to change roles from the prosecution to the defense (and vice versa) in the same case.” However, the court held that it was not error for the trial judge to deny the defendant's motion to... View More